Baltimore Brick Co.

National Labor Relations Board - Board Decisions

Aug 21, 1940

26 N.L.R.B. 933 (N.L.R.B. 1940)

In the Matter of BALTIMORE BRICK COMPANY and MATERIAL YARD &
RESIDENTIAL CONSTRUCTION LABORERS' UNION, LOCAL 912, OF THE
BALTIMORE DISTRICT COUNCIL, INTERNATIONAL HOD CARRIERS',
BUILDING & COMMON LABORERS' UNION OF AMERICA.
Case No. R-1887
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
August 21, 1940
On July 22, 1940, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Elections in the
above-entitled proceeding.' Pursuant to the Direction of Elections,
elections by secret ballot were conducted on August 7, 1940, under the
direction and supervision of the Regional Director for the Fifth Region
(Baltimore, Maryland). On August 8, 1940, the Regional Director,
acting pursuant to Article III, Section 9 of National Labor Relations
Board Rules and Regulations-Series 2, as amended, issued an Elec-
tion Report, copies of which were duly served on the parties. No
objections to the conduct of the ballot or the Election Report have
been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows:
(1) All Engineers, Firemen and Locomotive Engineers, ex-
cluding Kiln Firemen:
Total number of eligible voters---------------------- 20
Total number of ballots cast------------------------ 20
Total number of votes for United Brick & Clay Workers,
Local #936 (CIO) -------------------------------- 1
Total number of votes for International Union of Operat-
ing Engineers , Locals 272 & 272a (AFL)------------ 7
Total number of votes for neither-------------------- 12
Total number of blank ballots----------------------- 0
Total number of void ballots------------------------ 0
Total number of challenged votes-------------------- 0
(2) All Truck Drivers engaged in hauling raw materials, de-
livering finished products, or hauling debris:
Total number of eligible voters---------------------- 9
Total number of ballots cast------------------------ 9
1 25 N. L. R. B. 759.
26 N. L. R. B., No. 98.
323429-42-vol. 26-60 933
934 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Total number of votes for United Brick & Clay Workers,
Local #936 (CIO)-------------------------------- 0
Total number of votes for Truck Drivers & Helpers
Local Union 355 of International Brotherhood of
Teamsters, Chauffeurs, Stablemen & Helpers of
America (AFL) ---------------------------------- 8
Total number of votes for neither-------------------- 1
Total number of blank ballots----------------------- 0
Total number of void ballots------- ----------------- 0
Total number of challenged votes-------------------- 0
(3) All remaining Production Employees, excluding supervi-
sory, administrative and clerical employees, and watch-
men:
Total number of eligible voters----------- ---------- 164
Total number of ballots cast------------------------ 154
Total number of votes for United Brick & Clay Workers,
Local #936 (CIO)------------------------------- 2
Total number of votes for Baltimore District Council,
International Hod Carriers', Building & Common
Laborers' Union of America (AFL)---------------- 129
Total number of votes for neither-------------------- 23
Total number of blank ballots----------------------- 0
Total number of void ballots------------------------ 0
Total number of challenged votes-------------------- 0
In the Decision and Direction of Elections referred to above, the
Board made no final determination as to the appropriate unit or
units but stated that such determination would depend upon the
results in each of the elections.
Upon the entire record in the case, the Board makes the following:
SUPPLEMENTAL FINDINGS OF FACT
We find that all truck drivers engaged in hauling raw materials,
delivering finished products, or hauling debris, employed by Baltimore
Brick Company, Baltimore, Maryland, constitute a unit appropriate
for the purposes of collective bargaining, and that said unit will insure
to employees of the Company the full benefit of their right to self-
organization and to collective bargaining, and otherwise effectuate
the policies of the Act.
We find that the production employees of Baltimore Brick Com-
pany, Baltimore, Maryland, excluding supervisory, administrative
and clerical employees, watchmen, truck drivers, engineers, firemen,
and locomotive engineers constitute a unit appropriate for the pur-
poses of collective bargaining and that said unit will insure to em-
ployees of the Company the full benefit of their right to self-organiza-
tion and to collective bargaining; and' otherwise effectuate the policies
of the Act.
Inasmuch as no union has received a majority of the votes in.the
election held among the engineers, firemen, and locomotive engineers,
we will not certify any representative for such employees.
BALTIMORE BRICK COMPAIQ5' 935
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
SUPPLEMENTAL CONCLUSIONS OF LAW
1. The truck drivers engaged in hauling raw materials, delivering
finished products, or hauling debris, employed by Baltimore Brick
Company, Baltimore, Maryland, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9
(b) of the National Labor Relations Act. _
2. The production employees of Baltimore Brick Company, Balti-
more, Maryland, excluding supervisory, administrative and clerical
employees, watclunen, engineers, firemen, locomotive engineers, and
truck drivers, constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the National
Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in. the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HEREBY CERTIFIED that Truck Drivers & Helpers Local Union
355, of International Brotherhood of Teamsters, Chauffeurs, Stable-
men & Helpers of America, affiliated with the American Federation of
Labor, has been designated and selected by a majority of the truck
drivers engaged in hauling raw materials, delivering finished products,
or hauling debris, employed by Baltimore Brick Company, Baltimore,
Maryland, as their representative for the purposes of collective bar-
gaining, and that, pursuant to the provisions of Section 9 (a) of the
National Labor Relations Act, Truck Drivers & Helpers Local Union
355, of International Brotherhood of Teamsters, Chauffeurs, Stable-
men & Helpers of America, affiliated with the American Federation
of Labor, is the exclusive representative of all such employees for the
purposes of collective bargaining with respect to rates of pay, wages,
hours of employment, and other conditions of employment.
IT IS HEREBY FURTHER CERTIFIED that Baltimore District Council,
International Hod Carriers', Building & Common Laborers' Union
of America, affiliated with the American Federation of Labor, has been
designated and selected by a majority of the production employees
of Baltimore Brick Company, Baltimore, Maryland, excluding super-
visory, administrative and clerical employees, watchmen, engineers,
firemen, locomotive engineers, and truck drivers as their representa-
tive for the purposes of collective bargaining, and that, pursuant to
936 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the provisions of. Section 9 (a) of the National Labor Relations Act,
Baltimore District Council, International Hod Carriers', Building &
Common Laborers' Union of America, affiliated with the American
Federation of Labor, is the exclusive representative of all such
employees for the purposes of collective bargaining with respect to
rates of pay, wages, hours of employment, and other conditions of
employment.